Herbner & Son v. Cuero Cotton Oil & Manufacturing Co.
Court of Appeals of Georgia
Action on contract; from Fulton superior court—Judge Pendleton. October 21, 1919. Application for certiorari was denied by the Supreme Court. Cuero Cotton & Manufacturing Company sued Herbener & Son for a sum of money alleged to have become due by reason of the breach of a certain contract.
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Action on contract; from Fulton superior court—Judge Pendleton. October 21, 1919. Application for certiorari was denied by the Supreme Court. Cuero Cotton & Manufacturing Company sued Herbener & Son for a sum of money alleged to have become due by reason of the breach of a certain contract. The judge of the superior court, who by agreement tried the case without the intervention of a jury, rendered a judgment in favor of the plaintiff; and to that judgment and the refusal to award a. nonsuit, and to certain rulings upon the pleádings and the admissibility of evidence, the defendant excepted.…
1Opinion of the CourtLuke, J.
(After stating the foregoing facts.) The opinion of the majority of the court is as follows: “We do not think that the formal written contract which the defendant refused to sign contained any material variations from the 'telegraph contract’ which had been previously agreed to by both parties. Conceding, however, for the sake of the argument, that it did, the telegraph contract had already been agreed to by both parties and was valid and binding upon both, and the plaintiff’s effort to vary it by the suggested changes was without avail and did not amount to a repudiation of it, and the…
2Cases cited2 opinions
- Florida Midland & Georgia Railroad v. VarnedoeSupreme Court of Georgia · 1888
- Candler Investment Co. v. CoxCourt of Appeals of Georgia · 1908
3Cited by2 opinions
- Luckie v. Max Wright, Inc.Court of Appeals of Georgia · 1954
- Lott-Lewis Co. v. Bingham-Hewett Grain Co.Court of Appeals of Georgia · 1922